Opinion
NO. 2017 CW 1466
10-30-2017
ASHLEY WATERS ALLAIN AND BRANDY ALLAIN, INDIVIDUALLY AND AS THE NATURAL TUTORS OF THE MINOR CHILD, JAKE ALLAIN, AND ASHLEY'S OPTICAL v. CARRIE ANN MCKENZIE
In Re: Carrie Ann McKenzie, applying for supervisory writs, 21st Judicial District Court, Parish of Livingston, No. 146109. BEFORE: GUIDRY, PETTIGREW AND CRAIN, JJ.
WRIT GRANTED IN PART AND DENIED IN PART. That portion of the district court's August 29, 2017 judgment on plaintiff's motion in limine that bars defendant-relator, Carrie Ann McKenzie, from presenting any evidence at the trial related to the affirmative defense of "truth" is reversed. The defendant's answer denied certain allegations of the petition and further "specifically denied that any post or other comment fairly attributable unto [defendant] ... was false, misleading, or otherwise defamatory." Thus, the affirmative defense of truth was raised in the answer. La. Code Civ. P. art. 1005; see Paxton v. Ballard, 289 So.2d 85 (La. 1974). In all other respects, the writ is denied.
JMG
JTP
WJC
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT